HC rejects drug peddler’s plea on bail, sentence suspension

Srinagar, May 2: The High Court of J&K and Ladakh has declined to grant bail and suspend the sentence of a man convicted under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. 

 A Bench of Justice Sanjay Dhar dismissed Bashir Ahmad Bhat’s plea, who was sentenced to 10 years’ rigorous imprisonment and a fine of Rs 1 lakh was imposed on him under NDPS Act. Bhat was awarded the punishment following conviction by a Srinagar trial court in October last year in connection with a drug trafficking case involving commercial quantity of contraband. 

After police had recovered 70 kilograms of poppy straw from a vehicle at Dhonipora on Anantnag-Sangam Highway, an FIR was registered against the convict in August, 2021.

Bhat’s bail plea was based on the ground that he had already spent over four years in custody and that there were inconsistencies in the prosecution’s case. However, the court held that in offences involving commercial quantities under the NDPS Act, stringent conditions for bail apply.

The Court noted that long incarceration of a convict may be a factor for considering the issue as to whether constitutional right guaranteed under Article 21 of the convict stands violated.  “But in a case where the accused has been convicted of an offence under NDPS Act which attracts stringent conditions laid down in Section 37 of the said Act, the Court has to be satisfied that such conditions are fulfilled before enlarging the convict on bail”.

The Court, in keeping with the Supreme Court judgments, held that bail in such cases could only be granted if the court was satisfied that the accused was not guilty and was unlikely to commit any offence while on bail.  These conditions that were not met in the present case, the court said.

Moreover, the court rejected arguments regarding procedural lapses, noting prima facie that the recovery was a “chance recovery” from a vehicle, making provisions related to prior information and personal search inapplicable.

With these observations, the court dismissed the bail application.  However, it granted liberty to Bhat to renew his plea if the appeal was not heard within six months for reasons not attributable to him.